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(영문) 울산지방법원 2015.03.20 2014고단3654

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 9, 2014, at around 15:06, the Defendant, while under the influence of alcohol, driven a e-mail vehicle with a 0.15% alcohol concentration, and continued four-lane roads near the docheon-gu, Southern-gu, Ulsan-do along four-lanes, along with four-lanes, the Defendant, while driving a e-mail vehicle at a 0.15% alcohol concentration, suffered injury, such as salt, etc. requiring a treatment for the victim for about two weeks, by an occupational negligence, while neglecting the duty of care to properly operate the e-mail devices and steering gear, and safely, even if he neglected the duty of care to properly operate the e-mail vehicle and to properly operate the e-mail devices and steering gear, while driving the e-mail vehicle at the front part of the said e-mail vehicle, which is driven by C (Nam, 41 years old).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report and on-site photographs;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Relevant legal provisions concerning facts constituting an offense, and Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures [the scope of recommendations] the general traffic accident category 1 (the injury of traffic accidents) and the aggravated area ( August to January 6) (the specially under special circumstances) / the illegality in the proviso of Article 3(2) of the Special Education Act (the decision of sentence] is being driven under the influence of alcohol.

The crime caused by traffic accident, which has a significant degree of violation of duty of care, and the fact that drinking driving has two times is an element of sentencing disadvantageous to the defendant.

The defendant is against the defendant when committing a crime.